Bill Text: IA HF2398 | 2013-2014 | 85th General Assembly | Introduced
Bill Title: A bill for an act relating to the murder of a peace officer, reserve peace officer, correctional officer, jailer, public employee, or hostage, and providing penalties. (Formerly HF 2114)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2014-03-14 - Referred to Public Safety. H.J. 499. [HF2398 Detail]
Download: Iowa-2013-HF2398-Introduced.html
House
File
2398
-
Introduced
HOUSE
FILE
2398
BY
COMMITTEE
ON
PUBLIC
SAFETY
(SUCCESSOR
TO
HF
2114)
A
BILL
FOR
An
Act
relating
to
the
murder
of
a
peace
officer,
reserve
peace
1
officer,
correctional
officer,
jailer,
public
employee,
or
2
hostage,
and
providing
penalties.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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2398
Section
1.
Section
707.2,
subsection
1,
paragraph
d,
Code
1
2014,
is
amended
to
read
as
follows:
2
d.
The
person
intentionally
kills
a
peace
officer
,
3
correctional
officer,
public
employee,
or
hostage
while
the
4
person
is
imprisoned
in
a
correctional
institution
under
the
5
jurisdiction
of
the
Iowa
department
of
corrections,
or
in
a
6
city
or
county
jail
or
reserve
peace
officer
when
the
officer
7
is
in
the
performance
of
any
act
which
is
within
the
scope
of
8
the
lawful
duty
or
authority
of
that
officer
and
the
person
9
knew
or
should
have
known
the
individual
to
be
an
officer
.
10
Sec.
2.
Section
707.2,
subsection
1,
Code
2014,
is
amended
11
by
adding
the
following
new
paragraph:
12
NEW
PARAGRAPH
.
g.
The
person
intentionally
kills
a
13
correctional
officer,
jailer,
public
employee,
or
hostage
while
14
the
person
is
imprisoned
in
a
correctional
institution
under
15
the
jurisdiction
of
the
Iowa
department
of
corrections,
or
in
16
a
city
or
county
jail.
17
Sec.
3.
Section
707.3,
subsection
1,
Code
2014,
is
amended
18
to
read
as
follows:
19
1.
a.
A
person
commits
murder
in
the
second
degree
when
the
20
person
commits
murder
which
is
not
murder
in
the
first
degree.
21
b.
Murder
in
the
second
degree
includes
the
following:
22
(1)
The
person
kills
a
peace
officer
or
reserve
peace
23
officer
when
the
officer
is
in
the
performance
of
any
act
which
24
is
within
the
scope
of
the
lawful
duty
or
authority
of
that
25
officer
and
the
person
knew
or
should
have
known
the
individual
26
to
be
an
officer.
27
(2)
The
person
kills
a
correctional
officer,
jailer,
28
public
employee,
or
hostage
while
the
person
is
imprisoned
in
29
a
correctional
institution
under
the
jurisdiction
of
the
Iowa
30
department
of
corrections,
or
in
a
city
or
county
jail.
31
Sec.
4.
Section
902.12,
Code
2014,
is
amended
to
read
as
32
follows:
33
902.12
Minimum
sentence
for
certain
felonies
——
eligibility
34
for
parole
or
work
release.
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2398
1.
A
person
serving
a
sentence
for
conviction
of
the
1
following
felonies,
including
a
person
serving
a
sentence
2
for
conviction
of
the
following
felonies
prior
to
July
1,
3
2003,
shall
be
denied
parole
or
work
release
unless
the
person
4
has
served
at
least
seven-tenths
of
the
maximum
term
of
the
5
person’s
sentence:
6
1.
a.
Murder
Except
as
provided
in
subsection
2,
murder
in
7
the
second
degree
in
violation
of
section
707.3
.
8
2.
b.
Attempted
murder
in
violation
of
section
707.11
.
9
3.
c.
Sexual
abuse
in
the
second
degree
in
violation
of
10
section
709.3
.
11
4.
d.
Kidnapping
in
the
second
degree
in
violation
of
12
section
710.3
.
13
5.
e.
Robbery
in
the
first
or
second
degree
in
violation
of
14
section
711.2
or
711.3
.
15
6.
f.
Vehicular
homicide
in
violation
of
section
707.6A,
16
subsection
1
or
2
,
if
the
person
was
also
convicted
under
17
section
321.261,
subsection
4
,
based
on
the
same
facts
or
18
event
that
resulted
in
the
conviction
under
section
707.6A,
19
subsection
1
or
2
.
20
2.
Except
as
provided
in
section
903A.2,
subsection
1,
21
paragraph
“b”
,
a
person
serving
a
sentence
for
conviction
of
22
murder
in
the
second
degree
under
section
707.3,
subsection
1,
23
paragraph
“b”
,
shall
serve
one
hundred
percent
of
the
maximum
24
term
of
the
person’s
sentence
and
shall
not
be
released
on
25
parole
or
work
release.
26
EXPLANATION
27
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
28
the
explanation’s
substance
by
the
members
of
the
general
assembly.
29
This
bill
specifies
that
murder
in
the
first
degree
includes
30
the
intentional
killing
of
a
peace
officer
or
reserve
peace
31
officer
when
the
officer
is
in
the
performance
of
any
act
which
32
is
within
the
scope
of
the
lawful
duty
or
authority
of
that
33
officer
and
the
person
knew
or
should
have
known
the
individual
34
to
be
an
officer.
The
bill
further
specifies
that
murder
in
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2398
the
first
degree
includes
the
intentional
killing
of
a
jailer
1
while
the
killer
is
incarcerated
in
a
city
or
county
jail.
2
Under
current
law,
murder
in
the
first
degree
includes
the
3
intentional
killing
of
a
peace
officer,
correctional
officer,
4
public
employee,
or
hostage
while
the
person
is
imprisoned
in
5
a
correctional
institution
under
the
jurisdiction
of
the
Iowa
6
department
of
corrections,
or
in
a
city
or
county
jail.
7
Murder
in
the
first
degree
is
a
class
“A”
felony.
8
The
bill
bifurcates
the
penalty
for
murder
in
the
second
9
degree.
Under
the
bill,
a
person
commits
a
class
“B”
10
felony
subject
to
a
maximum
term
of
confinement
of
50
years,
11
classified
as
an
85
percent
sentence
under
Code
section
12
902.12,
if
the
person
does
any
of
the
following:
kills
a
13
peace
officer
or
reserve
peace
officer
when
the
officer
is
in
14
the
performance
of
any
act
which
is
within
the
scope
of
the
15
lawful
duty
or
authority
of
that
officer
and
the
person
knew
or
16
should
have
known
the
individual
to
be
an
officer;
or
kills
a
17
correctional
officer,
jailer,
public
employee,
or
hostage
while
18
the
person
is
imprisoned
in
a
correctional
institution
under
19
the
jurisdiction
of
the
Iowa
department
of
corrections,
or
in
20
a
city
or
county
jail.
21
All
other
murder
in
the
second
degree
offenses
are
a
class
22
“B”
felony
subject
to
a
maximum
term
of
confinement
of
50
23
years,
classified
as
70
percent
sentences
under
Code
section
24
902.12.
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